Criteria for the Classification of Legal Systems

2021 ◽  
pp. 72-77
Author(s):  
A. O. Zernov ◽  
E. V. Voskresenskaya ◽  
N. N. Zhil’skiy

The article considers the necessity and importance of the issue concerning the classification of legal systems, which is caused by the following. The idea of classification of legal systems arose in comparative law at the beginning of the XX century in connection with the increase in national legal systems; with the destruction of the colonial system, the legal systems of the liberated countries arose and developed; and at the end of the XX century, this trend continues with the destruction of the socialist political system, which entails the appearance of new legal systems on the legal map of the world. It is also necessary not only to study it from the point of view of the special, consideration of individual parts that incorporate similar legal systems, but also to solve the problem in practice-the unification of current legislation and the improvement of national legal systems.

2020 ◽  
pp. 65-75
Author(s):  
S. N. Smirnov

The author considers the problems of typification of society. Some concepts of typification of social stratification models in different countries formulated and justified in historical and legal, historical, sociological, and economic scientific literature are reviewed. The circumstances that make it difficult to formulate universal concepts designed for application in the complex of social Sciences are identified. These circumstances include insufficient consideration of legal factors, including the position of the legislator, the specifics of the corporate legal status, and the characteristics of the mechanism for changing individual legal status. The author offers a variant of classification of society types from the point of view of legal registration of their structure. The possibility of distinguishing types such as consolidated companies and segmented companies is justified.


2019 ◽  
pp. 87-96
Author(s):  
А. Л. Свящук

In the time when the basic formulas and approaches of the aircraft industry are based on the principles of classical science, the nature of the observed phenomena seems non-linear. Such phenomena as turbulence, flutter, buffering, disruption of the air flow can be explained by means of synergetics and system theory in the context of the post-non-classical paradigm. However, a certain contradiction can be observed: non-linear phenomena are explained by linear traditional science. That is why many formulas of aerodynamics and strength have a large empirical part. Therefore, it becomes necessary to revise the philosophical foundations of most approaches and the overall picture of the world as a whole. The use of the concepts of synergetics and system theory allows us to describe more accurately certain phenomena in aviation, which ultimately will lead to the creation of more efficient and safer aircraft. For example, we can design our aircraft not only as a complex system, but also as part of other complex systems, evaluating its effectiveness from the point of view of more ambitious and higher levels, predicting its operation and modernization in the changing conditions of the socio-political system. Moreover, the very nature of engineering creativity based on synergistic approaches will become more efficient and effective by increasing the intensity of aviation thought. Therefore, understanding the role of chance, the effect of emergence will allow us to be prepared for many surprises and black swans and also be wary about our knowledge, assessing their probabilistic nature.


10.28945/3279 ◽  
2008 ◽  
Author(s):  
Gholamreza Fadaie

Worldview as a kind of man's look towards the world of reality has a severe influence on his classification of knowledge. In other words one may see in classification of knowledge the unity as well as plurality. This article deals with the fact that how classification takes place in man's epistemological process. Perception and epistemology are mentioned as the key points here. Philosophers are usually classifiers and their point of views forms the way they classify things and concepts. Relationship and how one looks at it in shaping the classification scheme is critical. The classifications which have been introduced up to now have had several models. They represent the kind of looking at, or point of view of their founders to the world. Aristotle, as a philosopher as well as an encyclopedist, is one of the great founders of knowledge classification. Afterwards the Islamic scholars followed him while some few rejected his model and made some new ones. If we divide all classifications according to their roots we may define them as human based classification, theology based classification, knowledge based classification, materialistic based classification such as Britannica's classification, and fact based classification. Tow broad approaches have been defined in this article: static and dynamic. The static approach refers to the traditional approaches and the dynamic one refers to the eight way of looking toward objects in order to realize them. The structure of classification has had its influence on epistemology, too. If the first cut on knowledge tree is fully defined, the branches would usually be consistent with it.


Author(s):  
Jaakko Husa

The aim of this article is to give an account of legal families as a comparative law approach and as a classification of legal systems. The text discusses especially the future of legal families. The article begins with a short review of macro-comparative law’s basic approaches and concepts. It then considers the past and present of the basic notions of macro-comparative law, focusing on the classification of legal families and the recent critique of them. Finally, this article examines the new roles of legal families and, in particular, it addresses the possible future utility of legal family as a basic notion and as an approach in macro-comparative law.


2020 ◽  
Author(s):  
Azamat Omarov ◽  
Asylbek Kultasov ◽  
Kanat Abdilov

The article discusses the features of civil law in different countries. The authors studied the origins of the modern tradition of civil law, comparing the legal systems of two European countries. One of the traditional classifications of duties in civil law is analyzed, the conclusion is made about the inappropriateness of the allocation of personal and universal duties. In comparative law, there are many situations where the same legal term has different meanings, or where different legal terms have same legal effect. This confusion most often occurs when civil lawyers have to deal with common law, or vice versa, when common law lawyers deal with civil law issues. While there are many issues which are dealt with in the same way by the civil law and common law systems, there remain also significant differences between these two legal systems related to legal structure, classification, fundamental concepts, terminology, etc. As lawyers know, legal systems in countries around the world generally fall into one of two main categories: common law systems and civil law systems. There are roughly 150 countries that have what can be described as primarily civil law systems, whereas there are about 80 common law countries. The main difference between the two systems is that in common law countries, case law – in the form of published judicial opinions – is of primary importance, whereas in civil law systems, codified statutes predominate.


Author(s):  
Jacques Du Plessis

Legal systems generally are ‘mixed’ in the sense that they have been influenced by a variety of other systems. However, while some legal systems, for a period of time at least, reach a certain level of uniformity, the diversity or ‘mixedness’ of the origins of other systems is more pronounced. This chapter deals with the experiences of the latter systems, and especially with their relevance to the discipline of comparative law. The focus is first on the concept of a mixed legal system, as well as related concepts, such as legal pluralism and hybridity, that have gained prominence in comparative analyses. Thereafter key questions that arise from these analyses are then considered in detail. These questions include how the mixed nature of legal systems is to be dealt with in representations of legal diversity of the world, how mixed legal systems are formed, and what could be learned from their experiences.


2014 ◽  
Vol 1 (1) ◽  
pp. 5-9
Author(s):  
Seán Patrick Donlan

This article introduces an online collection of pieces on mixed legal systems in the European Journal of Comparative Law and Governance. The articles are derived from the Third International Congress of the World Society of Mixed Jurisdiction Jurists held at the Hebrew University of Jerusalem in the summer of 2011.


Anxiety ◽  
2020 ◽  
pp. 77-96
Author(s):  
Bettina Bergo

This excursus reviews Kant’s treatment of Affectus and Leidenschafte (affects and passions) in the Anthropology from a Pragmatic Point of View (lectures given over a span of many years). Having argued that empirical psychology was scientifically unfeasible and established his rational psychology as beyond the fictions of dogmatic metaphysicians, Kant could only treat affects from the perspective of practice in the world, like a behaviorism before its time. Nevertheless, his classification of passions ran as if parallel with psychopathologies—ordered according to representations, imagination, judgement, and reason. Building on his 1763 essay “Negative Magnitudes,” the anthropology was profoundly critical of affects, pointing to those “tensions constantly ready to explode,” and requiring vigilance. In sharp contrast, Hegel reintegrated passions into his mature Philosophy of Mind (1813) arguing that inclinations and passions overcame their subjective enclosure thanks to the idea of freedom. He supported his arguments using the French revolutionary psychiatry of Philippe Pinel. Pinel’s original taxonomy had the advantage of being monist; thus different from the binary of neurosis and psychosis, Pinel argued in favor of forms of “mania.” Crucial for Hegel was that even manias with delirium, grouping passions around an idée fixe, an indestructible kernel of rationality endured. This allowed Hegel to claim that freedom and nature were rooted in reason, and although reason might find itself tangled in contradictions it never entirely disappeared. This audacious claim resignified the function of reason as Geistlichkeit (spirituality) apt to integrate psychology into the dialectical movement of mind subjective.


1876 ◽  
Vol 21 (96) ◽  
pp. 532-550 ◽  
Author(s):  
T. S. Clouston

When I saw in the last number of this journal that Dr Crichton Browne had essayed the task of criticising the system of classification of insanity devised by the late Dr. Skae, I knew the fact could not but be gratifying to Skae's friends. To have any system or theory subjected to independent criticism is very good for it. Then I could not forget that some of those who had advocated most earnestly Skae's classification had been pupils, assistants, and friends of his during life; and I was conscious, from my own experience, how much anyone in that position was inclined to look partially on his work. I felt sure that Dr. Browne, while seeing this, would not, in those circumstances, consider it a mortal sin, and would pass it gently and generously by. Indeed, I was a little afraid that he himself, as an old pupil of Skae, might be tempted to soften the stern tone befitting a critic, by something of the same pardonable feeling. He has striven to resist this impulse, and with much success. Another reason why I rejoiced that the merits of this system should be canvassed was, that I thought with, perhaps, natural partiality, that everyone must necessarily see something good in it; and that the fact of its being looked closely into by a competent and unbiased mind would produce a better understanding of Skae's point of view, and a more thorough sifting of the tares from the wheat. Not that such criticism had been wanting either at home or abroad. The system had been before the world for twelve years. The authors of all the standard books on psychological medicine and papers on classification published since that time had discussed its merits; and it did seem as if it were growing in favour. Maudsley, in each successive edition, had seemed to make more and more account of it; Blandford had assigned it a good place amongst other systems; Hack Tuke had given high praise to all the “somato-etiological” systems of looking at and classifying mental disease, and to Skae's in particular; Mitchell had declared it had taken hold of the medical mind; Thompson Dickson had said there was some good in it; and finally, that Nestor of alienists, whom Dr. Browne fitly describes as “the most illustrious representative of English medical psychology now living,” Bucknill, had given it the truest flattery of all by incorporating its nomenclature in the orders, genera, and species of that classification which is the final result of his vast experience, the generalised sum of all his thinking. All these, and more, had found it had faults; but they all speak of it and its author with much respect. Then it is a mere matter of fact that its terminology had become a part—and an essential part—of recent writings on nervous and mental disease.


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